Kasthoorba Service Co-operative Bank Ltd. v. The Income-tax Officer, Wrd-2(5), Thiruvananthapuram / The Commissioner of Income-tax (Appeals), Thriuvananthapuram / The Registrar, Income-tax Appellate Tribunal, Cochin
[Citation -2019-LL-1219-43]

Citation 2019-LL-1219-43
Appellant Name Kasthoorba Service Co-operative Bank Ltd.
Respondent Name The Income-tax Officer, Wrd-2(5), Thiruvananthapuram / The Commissioner of Income-tax (Appeals), Thriuvananthapuram / The Registrar, Income-tax Appellate Tribunal, Cochin
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 19/12/2019
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags stay petition
Bot Summary: No.34944/19 2 JUDGMENT Against Ext.P3 rectified order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before the 3 rd respondent. It is the submission of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P3 rectified order. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the Income Tax Department. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, and taking note of the fact that in similar cases, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ Petition is disposed directing the 3 rd respondent to consider and pass orders on Ext.P4 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment. No.34944/19 3 Recovery steps for recovery of the amounts confirmed against the petitioner shall be kept in abeyance till such time as orders are passed by the 3 rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 3rd respondent for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941 WP(C).No.34944 OF 2019 PETITIONER/S: KASTHOORBA SERVICE CO-OPERATIVE BANK LTD. NO.681, REPRESENTED BY ITS SECRETARY-IN-CHARGE, CHOOTTAYIL, KILIMANOOR.P.O., THIRUVANANTHAPURAM DISTRICT-695601. BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENT/S: 1 INCOME TAX OFFICER, WRD-2(5), OFFICE OF ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR.P.O., THIRUVANANTHAPURAM, PIN-695003. 2 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KAWDIAR.P.O., THIRUVANANTHAPURAM, PIN-695003. 3 REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682030. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2019, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C).No.34944/19 2 JUDGMENT Against Ext.P3 rectified order under Income Tax Act, petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before 3 rd respondent. It is submission of petitioner that even prior to considering stay petition, recovery steps are taken by respondents against petitioner for recovery of amounts confirmed by Ext.P3 rectified order. It is stated by learned counsel for petitioner that issue involved in appeal pertains to dis-allowance of deduction claimed under Section 80P of Income Tax Act. 2. I have heard learned counsel for petitioner and learned Standing Counsel for Income Tax Department. On consideration of facts and circumstances of case as also submissions made across Bar, and taking note of fact that in similar cases, this Court has directed Appellate Authority to consider and pass orders in appeal and stayed recovery of disputed amounts pending disposal of appeal, this Writ Petition is disposed directing 3 rd respondent to consider and pass orders on Ext.P4 appeal within outer time limit of six months from date of receipt of copy of this judgment. W.P.(C).No.34944/19 3 Recovery steps for recovery of amounts confirmed against petitioner shall be kept in abeyance till such time as orders are passed by 3 rd respondent as directed above and communicated to petitioner. petitioner shall produce copy of writ petition together with copy of this judgment before 3rd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE okb //True copy// P.S. to Judge W.P.(C).No.34944/19 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR YEAR 2012-2013 DATED 26.3.2015. EXHIBIT P2 TRUE COPY OF ORDER DATED 8.11.2017 IN ITA NO.28/TVM/CIT(A), TVM/2015-16 OF 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF ORDER DATED 15.10.2019 IN ITA NO.28/TVM/CIT(A), TVM/2015-16 ISSUED BY 2ND RESPONDENT UNDER SECTION 154 OF INCOME TAX ACT. EXHIBIT P4 TRUE COPY OF APPEAL MEMORANDUM DATED 9.12.2019 ALONG WITH AFFIDAVIT AND CHELAN. EXHIBIT P5 TRUE COPY OF STAY PETITION FILED ALONG WITH EXT.P4 APPEAL DATED 9.12.2019. Kasthoorba Service Co-operative Bank Ltd. v. Income-tax Officer, Wrd-2(5), Thiruvananthapuram / Commissioner of Income-tax (Appeals), Thriuvananthapuram / Registrar, Income-tax Appellate Tribunal, Cochin
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